QUESTION
What will happen if the permit holder crashes instructor's car (uninsured)?
Asked on Jul 08th, 2014 on Personal Injury - Wisconsin
More details to this question:
A friend finds a driving instructor knowing that the instructor is using his own car to teach but not knowing the car has no collision coverage. There is no written contract. All cash transaction. During second class, the student crashes the car which causes multiple damages to the car which is expensive to repair (estimated $6000). Student driver claims that he has no fault and only willing to cover $500 out of "good heart". Reason being 1. Instructor took money thus this is business (and the instructor is a foreigner in the U.S. with a student visa that does not permit him to do business) 2. Instructor should take responsibility when accident happens, not the student. The instructor (car owner) claims that the student has at least 50% fault because he was the person who was driving the car. In terms of insurance, he claims that he's an international student so he was not able to purchase the insurance that could cover a student driver. Now apparently the two parties cannot make any agreement in terms of covering the damage and they probably will take it to the court. If that is the case, what would be the possible outcomes?
6 ANSWERS
Probably the student driver would win. The instructor should have had sufficient insurance coverage for the business, and took the risk of teaching people to drive.
Answered on Jul 11th, 2014 at 3:17 AM
Edwin K. Niles
If the instructor held himself out as qualified, it seems he might have to bear the responsibility, but who knows what will happen in Small Claims Court? In some Counties, certain judges are assigned to SCC for a reason.
Answered on Jul 11th, 2014 at 2:57 AM
Ronald A. Steinberg
Well, legally the driver is responsible for the damages. In this case, the car owner (the instructor) assumed the risk of such a happening when he got into the business of teaching driver's training. The student can assume that the instructor is intelligent enough to have insurance on the car and rely upon it. Unless the student signed an agreement to be financially responsible for damage, I think that the student has a solid defense to a claim brought by the instructor.
Answered on Jul 10th, 2014 at 11:46 AM
James Eugene Hasser
From the tort standpoint, it depends on the facts of the accident and who was at fault. Good luck.
Answered on Jul 10th, 2014 at 10:41 AM
EDWARD MILLER
The outcome is impossible to predict from the facts given.
Answered on Jul 10th, 2014 at 10:04 AM
Amanda Pirt
There are a variety of outcomes possible when this kind of case is presented to a court, because the parties' negligence will be compared. A court will examine the dynamics of the accident - the facts of how and why it occurred - to weigh the fault of the parties involved. A student driver can be found negligent if he or she causes an accident. So too, can a driving instructor if he or she doesn't take reasonable steps to prevent a collision. While not present in your friend's case, claims could also be brought against a driving school. Depending on where the incident took place, the court will then apply the state's negligence doctrine or system to determine recovery.
Answered on Jul 10th, 2014 at 8:58 AM